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HomeMy WebLinkAbout1978 04-24 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 24, 1978 CITY HALL I Call to Order The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7:05 - -p.m. Roll Call Mayor Dean Ny - uist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott. Also present were City Manager Gerald Splinter, Director of Public Works James Merila, City Attorney Richard Schieffer, Director of Finance Paul Holmlund, Deputy Chief of Police James Lindsay, Director of Planning and Inspection Blair Tremere, and Administrative Assistants Ronald Warren, Brad Hoffman,` and Mary Harty. Approval of Minutes Motion by Councilmember Kuefler and seconded by Council- 3-27-78 member Lhotka to approve the minutes of the March 27, 1978 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against:: none. The motion passed unani- mously. Approval of Minutes Motion by Councilmember Fignar and seconded by Council- 4-10-78 member Scott to approve the minutes of the April 10, 1978 City Council meeting as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. Open Forum Mayor Nyquist introduced the first item of business on the agenda, that of the Open Forum. He explained that the Open Forum was instituted to give any citizen the oppor- tunity to address the City Council as a whole and comment on any opinion, problem, concern, or complaint they might have which is relevant to the affairs of this local govern- ment and its policies and practices. He noted that no one had registered in advance to address the City Council during the Open Forum and inquired if anyone in the audi- ence wished to be recognized. Mayor Nyquist recognized Mary Jane Gustafson, 4935 Abbott Avenue North, President of the Brooklyn Historical Society. She stated that the Society is planning a special event to be held tomorrow evening, April 25, 1978, at the Brooklyn Center Library. She explained that the special event involved a presentation relating to the early settlement of Brooklyn Center dating back to the 1850's. She extended a special invitation to members of the City Council, as well as all citizens, to attend this event. Appointment of Mayor Nyquist introduced the next item of business on the Police Chief agenda, that of an appointment of a police chief. He stated that at the last City Council meeting the selection of a police chief was discussed extensively by the Council. He stated that the City Charter is quite clear regarding the prerogatives of the City Manager and of the City Council with respect to department head appointments. He explained the City Manager appoints all department heads and the City Council is responsible for finalizing or confirming the appointment. He added that under a Count'- -i- 4 -24 -78 Manager form of government the City Council holds the City Manager responsible for the day - today administration of the City. He pointed out that the City Council, if it expects the Manager to adequately perform this responsibility, must give him the tools to do so. He further stated that the Council must bear in mind that the police chief works for the City Manager and is not directly responsible to the City Council. He concluded by stating that the City Mariager should be allowed to select a department head as he sees fit, based on merit and fitness, and that the City Council should only turn down this appointment for something gross The City Manager announced his appointment of James Lindsay as police chief, effective May 21, 1978, and requested Council confirmation. He stated that Mr, Lindsay has been with the Brooklyn Center Police Depart- ment since January 10, 1959 and that during his employment with the City he has served three years as a police officer, three years as a sergeant, three years as a lieutenant, and for the past ten years has served as deputy chief of the department. He noted that Mr. Lindsay is a graduate of North Hennepin' Community College with a degree in Police Administration and also had received a Ford Foundation tuition grant to attend, and graduated from, the Southern Police Institute through the University of Louisville. The City Manager reported that he has served as a chief administrative officer of a metropolitan municipality for almost fourteen years and during this time he has had an opportunity to become acquainted with Mr. Lindsay and his work. - He stated he has always thought very highly of him. He pointed out that he has served with Mr. Lindsay on police recruiting and selection boards and has always found him to be very effective and knowledgeable of the profession. He reported that within the last six months he has had the opportunity to work closely with Mr. Lindsay, and that this opportunity has given him more confidence in his abilities. He stated it is without hesitation that he makes this appointment. He further stated that he finds Mr. Lindsay eminently qualified to lead the Brooklyn Center Police Department in meeting the changing demands for police service which the future is sure to bring. He concluded by stating that he felt as City Manager he was in a unique situation to evaluate Mr. Lindsay because of his past experience in selecting a police chief in North St. Paul and also serving on a selection ,panel for police chief in the City of Roseville. He explained that from these experiences he knows the types of police chief candidates that would be attracted to this position and that Mr. Lindsay, based on his experience and qualifications, would rank at the top. Councilmember Kuefler stated that he is confident in the City Manager's decision and that he was happy that there was someone qualified from within the department to move into the police chief's position. Councilmember Lhotka stated that he had asked at the last Council meeting, if it would be possible to have an abbreviated search rather than a full search for a police chief and perhaps only request the submission of resumes from other candidates. The City Manager responded that he has looked at this possibility extensively and that everyone he has spoken to with respect to this type of abbreviated search, has indicated that a full or extensive search should be conducted if it is the City Manager's intention to solicit applications and resumes, He explained that in order to validate a full search selection. process the search should be carried out to the end which 4­2 -78 -2- would in all likelihood involve testing and other selection procedures. He added that if an abbreviated search for a chief was conducted going outside of the department, the possibility of that selection process being challenged by candidates would be great. The City Manager stated that he had also reviewed the possibility of requesting funds for retaining a consultant to conduct a full scale search outside of the department, and that quite frankly he did not feel the costs would justify such a search especially in light of the fact that there is an eminently qualified individual from within the department who could be appointed as chief. In response to another inquiry by Councilmember Lhotka, the City Manager stated that it would cost between $7,500 and $10,000 to retain and utilize a consultant for a full search of a police chief. Councilmember Fignar commented that at the last Council meeting he had requested information regarding the costs to retain a consultant and the length of time it would take to appoint a new chief. He explained that the City Manager has responded to these inquiries to his satisfaction since the last Council meeting. He further stated that it is important to note that there is a one year probationary period for police chief and that this should be adequate time for the City Manager to evaluate the new chief and for the new chief to make any improvements in his performance, if they are needed. He added that he felt promotion from within was a good factor which will provide other oppor- tunities for personnel within the department. He also recalled the issue of a selection of a fire chief approxi- mately two years ago and "stated that at that time the Council felt such a selection should be made from within the fire department because there were capable candidates He pointed out that for the Council to take the position that the City Manager should go outside of the police department for such a selection when the City Manager feels there is a eminently qualified candidate from within the department, would not be consistent with past Council practice. He concluded by stating that if this were the case, the Council, in effect, would be talking out of both sides of its mouth. Mayor Nyquist stated that he too feels that promotion from within the department is a good thing for the department as well as the City. He added that he also felt it was significant that a new City Manager would feel comfortable with an appointment from within. He explained that this speaks highly of the candidate that the City Manager has appointed, Councilmember Lhotka commented that he tended to favor either a complete or partial search for a new police chief. He pointed out that this feeling involved nothing personal against the person that the City Manager has appointed but that he felt a full search would be in the best interests of the City. He concluded by stating that he has confi- dence in the City Manager's ability to select the best qualified person for the position and that he would also support the appointment. -3- 4 -24 -78 Motion by Councilmember Kuefler and seconded by Action Confirming Councilmember Fignar to confirm the City Manager's Police Chief Appointment appointment of James Lindsay as police chief effective May 21, 1978 at an annual salary of $27,419 with a twelve month probationary period and a salary review for merit consideration on January 1, 1979. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, The motion passed unanimously, Mayor Nyquist announced his appointment of Planning Commission Mr. Richard C Theis 3006 Thurber Road, to the Appointment Planning Commission and requested Council confirma- tion. He explained that Mr. Theis is a ten year resident of Brooklyn Center and is a member of the Osseo School District Boundary Committee and was active at the neighborhood level in the Jesus People Church special use permit. He explained that Mr. Theis would replace Mark Sazama for the remainder of a two year term. Following a brief discussion there was a motion by Councilmember Kuefler and seconded by Councilmember Scott to confirm IVlayor 1Vyquist's appointment of Richard C. Theis, 3006 Thurber Road, to the Planning Commission effective May 1, 1978 for a term to expire December 31, 1979. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed ` unanimously. Motion by Councilmember Lhotka and seconded by Final Plat Approval Councilmember Scott to approve the final plat for the (Babb Addition) "Babb Addition comprehending property at the northwest quadrant at 69th Avenue North and T H. 169, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar„ Lhotka, and Scotto Voting against: none . The motion passed unanimously. Motion by Councilmember Fignar and seconded by Final Plat Approval Councilmember Lhotka to approve the final plat for the (Clinch Valley) Clinch Valley Addition located at the southwest quadrant of T. H 169 and 69th Avenue North, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. The City Manager reported that the final plat for the Ponds Final Plat Second Addition, comprehending property at Unity Avenue North between 69th Avenue and 73rd Avenue was not yet available for Council consideration. He explained that instead a final plat for the Ewing Square Addition located between France and Ewing Avenues North, south of 63rd Avenue North has been received and is recommended for Tina 1 approval, Fallowing a brief discussion there was a motion by Council- Final Plat Approval member Scott and seconded by Councilmember Kuefler to (Ewing Square Addition) approve the final plat for the Ewing Square Addition located between France Avenue North and Ewing Avenue North, south of 63rd Avenue North, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, -4- Close Open forum Mayor Nyquist inquired if anyone in the audience wished to be recognized for the Open Forum. There being none, the Open Forum was closed. Subdivision Bond Motion by Councilmember Lhotka and seconded by Council Reduction member Scott to authorize reduction of a financial perfor- mance guarantee for Linders First Addition Subdivision from $9, 800 to $8, 100 on the basis that corresponding obligations have been satisfied. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unani- mously. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 78 -67 moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECI- ATION FOR THE DEDICATED PUBLIC SERVICE OF CHIEF THOMAS G. O'HEHIR The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scotty and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution NO. 78 -68 and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECI- ATION FOR THE DEDICATED PUBLIC SERVICE OF MR. MARK SAZA MA The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Joint Airport The City Manager introduced the next item of business on Zoning Board the agenda, that of a resolution recommended for the purpoSE of authorizing participation in a joint airport zoning board with the Metropolitan Airports Commission (MAC) and the Cities of Crystal, Brooklyn Park, and New Hope. He added the resolution also comprehends the appointment of two representatives to the board from the City of Brooklyn Center. He commented that generally most appointments from the cities affected by the joint airport zoning board have been a City Council or Planning Commission member in addition to a staff person. He recommended that for at least the first few years there be a staff representative to the joint airport zoning board and stated that he wished to be designated as such a representative. A*brief discussion ensued relative to the City Manager's recommendation with Councilmember Scott volunteering to also serve as a repre- sentative to the joint airport zoning board. It was the consensus of the City Council that Councilmember. Celia. Scott and City Manager Gerald Splinter be appointed as representatives of the City of Brooklyn Center to the joint airport zoning board. a -5- 4 -24 -78 F , Councilmember Kuefler commented that the City Council in ' the past has discussed the possibility of phasing out the Crystal airport but has taken no formal action, in the form of a resolution, to the effect of urging the MAC to phase out this airport. He explained that comments have been made to the effect that the City of Brooklyn Center has adopted a formal resolution urging the elimination of this airport and requested the City Manager to comment. The City Manager responded that the Council has given him the authority to appeal the Systems Statement with respect to airports and that this has been done. He pointed out that the effect of this appeal Was a request that MAC look at and study the idea of phasing out the Crystal airport because there may be some safety problems associated with the location of the present Crystal airport. He pointed out that there are plans for the construction of a new airport in the Medina area and than the effect of the correspondence thus far has been to urge MAC to study the possibility of phasing out the Crystal airport in conjunction with the development of a new airport, Councilmember Fignar commented that the City's position then is that the matter be studied but that the City has not taken a formal action to request a phasing out of the Crystal airport. A brief discussion ensued relative to the Crystal airport with the City Manager explaining that the impression that the City of Brooklyn Center has taken a strong stand with respect to the phasing out of the Crystal airport may be based on the wording of resolutions developed by the City of Brooklyn Park urging MAC to retain the Crystal airport in its present location. He clairified that the City has in effect only asked that the feasibility of such a phasing out be studied in conjunction with the develop- ment of a new airport facility, Member Tonv Kuefler introduced the following resolution RESOLUTION and moved its adoption: NO. 78 -69 RESOLUTION AUTHORIZING PARTICIPATION IN A JOINT AIRPORT ZONING BOARD The motion for the adoption of the foregoing resolution was duly seconded by member Celia. Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Member Celia Scott introduced the following resolution RESOLUTION and moved its adoption NO. 78 -70 RESOLUTION AUTHORIZING THE PURCHASE OF ONE 5 YARD DUMP BOX WITH HYDRAULICS The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Cetia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. } 724�-7 8 -6- RESOLUTION Member Bill Fignar introduced the following resolution and NO. 78 -71 moved its adoption: RESOLUTION\' ACCEPTING BID FOR FURNISHING BITUMINOUS $ OIL The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist , Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution and NO. 78 -72 moved its adoption: RESOLUTION ACCEPTING BID FOR PLANT -MIXED BITUMI- NOUS MATERIAL,, The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist , Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Tony Kuefler introduced the following resolution and NO. 78 -73 moved its adoption: RESOLUTION ACCEPTING BID FOR STABILIZED GRAVEL AND FINE AGGREGATE FOR SEAL COAT The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed' and adopted. Sidewalk Improvement The City Manager introduced the next item of business on Projects the agenda, that of a resolution recommended for the purpose of establishing Sidewalk Improvement Project Nos, 1978 -15 and 1978 -16. He explained that Sidewalk Improvement Project No. 1978 -15 is located along the north side of 57th Avenue from 134 feet to 268 feet west of Logan Avenue North and that Sidewalk Improvement Project No. 1978 -16 is located along the north side of Emerson Lane from Dupont to Emerson, along the west side of Emerson Lane to 70th Avenue North, and the south side of 70th Avenue North from Emerson to Humboldt Avenues He explained that Sidewalk Improvement Project No. 1978- 16 is basically designed toprovide school pedestrian safety for children walking to schools in the area The Director of Public Works briefly reviewed Sidewalk Improvement Project Nos. 1978 -15 and 1978 -16. He stated that there has also been a request fora sidewalk on 69th Avenue North between Humboldt and West River Road, and that the possibility of establishing a sidewalk along 69th Avenue is being reviewed with the County because 69th Avenue North is a County road. -7- 4 -24 -78 In response to an inquiry by Councilmember Kuefler, the Director of Public Works stated that there would be no public hearing on Sidewalk Improvement Project No; 1978 -16 because the costs for the project would not be specicially• assessed against abutting property owners. He noted that the sidewalk would be on the public right -of -way, and would be funded out of the sidewalk fund, Council - member Kuefler suggested that abutting property owners be contacted and that the sidewalk plans be explained to avoid any possible misconceptions on the part of property owners. The Director of Public Works responded that this information can be provided to abutting property owners prior to the letting of a contract for these improve- ment projects, Member Tony Kuefler introduced the following resolution RESOLUTION and moved its adoption; NO. 78 -74 RESOLUTION ESTABLISHING SIDEWALK IMPROVEMENT PROJECTS 1978 -15 AND 1978 -16 AND ORDERING PREPARA- TION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, Councilmember Kuefler inquired if there were any plans for Palmer Lake developing a sidewalk along 69th Avenue North between Sidewalk east and west Palmer Lake parks. The Director of Public Works responded that this matter is being discussed with the County to see if they would consider participating in the cost of the construction of such a bikeway /sidewalk. Councilmember Scott inquired if it would be beneficial for the City Council to adopt a resolution urging Hennepin ..County to participate in this bikeway /sidewalk improvement project. The Director of Public Works responded that the County is aware of the City's concern but that such a resolution would be helpful He pointed out that the constraints at the present time for the County are of a financial nature. Motion by Councilmember Scott and seconded by Council - Action Directing the member Lhotka to direct the City Manager to prepare a Preparation of a _resolution urging Hennepin County to participate in the Resolution cost of construction of a bikeway /sidewalk on the north side of 69th Avenue in the vicinity of the Palmer Lake open space area. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, Member Celia Scott introduced the following resolution RESOLUTION and moved its adoption: NO, 78 -75 RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR SIDEWALK IMPROVEMENT PROJECTS NO, 1977 -12, 1978 -15, A_D 1978 -16 AND DIRECTING ADVERTISEMENT FOR BIDS (CONTRACT 1978 -B) 4 -24 -78 -8- The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Bill Fignar introduced the following resolution and NO, 78 -76 moved its adoption: RESOLUTION ESTABLISHING BRIDGE IMPROVEMENT PROJECT NO. 1978 -6 AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS The motion for the adoption of the foregoing resolution was duly seconded by member Tony Kuefler, and upon vote being taken thereon, the following voted in favor thereof: Dear. Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted RESOLUTION Member Bill Fignar introduced the following resolution and NO. 78 -77 moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH EGIL WEFALD & ASSOCIATES, INC., FOR PREPARING PLANS AND SPECIFI- CATIONS FOR BRIDGE PROJECT NO, 1978 -6 The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION Member Celia Scott introduced the following resolution and NO. 78 -78 moved its adoption: RESOLUTION PERTAINING TO MINNESOTA TRANSPORTATION DEPARTMENT AGREEMENT NO. 58929 REGARDING IMPROVE - MENT OF TRAFFIC CONTROL SIGNALS ON T.H. 152 AT - 58TH AVENUE NORTH (C.S.A.H. NO, 10), 63RD AVENUE NORTH, T.H. 94 RAMPS, AND 69TH AVENUE NORTH (C.S.A.H. NO. 130) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Fignar, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. Land Division for The City Manager stated that the next item of business on Hennepin County the agenda was to be consideration of a resolution Library _ Site approving the land division for the Hennepin County library property. He explained that the resolution was deferred by the City Council at the April 10, 1978 meeting and that the City Manager was directed to obtain assur- ances from Hennepin County and BLIP that they would not -9- 4 -24 -78 s seek occupancy permits until the matter of delinquent taxes -' and special assessments was resolved through arbitration. He stated that such a letter containing this assurance has been received from BCIP but no assurance has yet been received from the County. He added that the County has been contacted and they have indicated their willingness to submit such an assurance He recommended deferring further consideration of this resolution until the next City Council meeting. It was the consensus of the Council to so defer. Member Tony Kuefler introduced the following resolution RESOLUTION and mowed its adoption: NO. 78 -79 RESOLUTION AUTHORIZING THE PURCHASE OF PARTS, LABOR AND EQUIPMENT TO REPAIR #2 PUMP AND WELL The motion for the adoption of the foregoing resolution was duly seconded by member Cella Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager announced that a letter from Kenneth L Withdrawl of Planning Bergstrom has been received requesting Planning Commission Commission Application Application No. 77011 be withdrawn. No. 77011 (Kenneth Bergstrom) Following a brief discussion there was a motion by Council - member Lhotka and seconded by Courncilmember Fignar to acknowledge withdraws of Planning Commission Application No. 77011 submitted by Kenneth Bergstrom at the applicant's request. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Manager introduced the next item of business on Ordinance Amending the agenda, that of an ordinance amendment recommended Various Building Fees for the purpose of updating various building fees as compre- hended in the 1978 budget. He stated that the present building permit fee structure and permit requirements were essentially adopted by the City in 1971 with the advent of the State Building Cods which then superseded local building ordinances. He explained that there were a number of housekeeping language changes and fee changes to the electrical and mechanical permits which were adopted in 1974, but otherwise the fee structure is essentially seven to eight years old. He further explained that municipalities may adopt their own fee schedules and there is a wide range of fee amounts in the metropolitan area He stated that Brooklyn Center's fee schedule has traditionally been Patterned after widely accepted uniform code requirements and that every effort has been made to retain this type alignment in the recommended fees, and that it is also recommended that special fees be adopted which are by our experience applicable to the City of Brooklyn Center but may not be clearly comprehended by model codes or by other municipal ities . He briefly commented on various philosophies regarding building permit fees and stated that the most prevalent philosophy, or thinking, on the subject bases fees on a realistic appraisal of actual costs He stated the reasonableness of assessed fees is based on the premise that the permit fee shou�d be related to the valuation of the work performed, and the fee revenues should be reasonably related to costs of actual inspection services and the actual administrative costs of issuing the permits, t. 4-- 24 - -78 _10- Councilmember Fignar stated that he has not had the oppor- tunity to review the information supplied to the City Council with respect to this ordinance amendment and that he would abstain from voting at this time on the matter. Councilmember Lhotka inquired as to the effect the new fees would have on a person doing some minor remodeling work, The City Manager responded that the fees are based on the value of the work and that examples of typical costs asso- ciated with the new fees could be provided the Council prior to the second reading of the ordinance. Councilmember Fignar inquired if the purpose of the new fees was to generate more revenue or for the City to break even, so to speak, with respect to its inspection costs. The Director of Planning and Inspection responded that the purpose of the new fee structure is to bring it up to a current level that is prevalent in the metropolitan area and that this would generate more revenue and better help to recover inspection 'costs. He pointed out that the City is not now breaking even with respect to the administrative costs associated with these fees. Councilmember Fignar commented that Brooklyn Center does not have the highest building fees in the area and that the intent of the ordinance amendment is primarily to keep our fees in line with what is being charged around the metropolitan area. The City Manager noted that due to the age of the community and the amount of remodeling work anticipated to be done in the community in the future, more time in the field by inspectors is expected. Councilmember Lhotka inquired if a person who is doing some remodeling work in his home would have to present architectural plans to be reviewed by the City. The Director of Planning and Inspection responded that there are very few cases where people are doing remodeling work that would require an architectural plan. He pointed out that the only cases which would require an architect would be those involving very sophisticated or complex remodeling. Councilmember Fignar inquired if architectural drawings and plans were required for all commercial construction and remodeling. The Director of Planning and Inspection responded that architectual plans are required for all building plans but they are generally not required for remodeling of commercial establishments again unless the type of remodeling planned is very sophisticated or complex. ORDINANCE Following further discussion there was a motion by Council First Reading member Lhotka and seconded by Councilmember Kuefler to offer for first reading an ordinance amending Chapter 3 of the City Ordinances regarding code references, permits, and permit fees. Voting in favor: Mayor Nyquist, Council- members Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. Councilmember Fignar abstained. Recess The Brooklyn Center City Council recessed of 8:29 p.m. and resumed at 8:49 p.m. -11- 4 -24 -78 I The City Manager reported that a recommendation has been Parking at Twin Lake made by the Park and Recreation Commission regarding the Beach parking situation at Twin Lake Beach Park He stated that the Commission has recommended that the City Council prohibit all parking along Lakeside Avenue, Lake Breeze Avenue, Twin Lake Avenue, Lakeview Avenue, Azelia Avenue, Indiana Avenue west of State Highway 100, and upon the parking lot located at Twin Lake Beach Park during the months of May through August, Councilmember Kuefler commented that the Park and Recre- ation Commission had held a public hearing on February 21, 1978 to discuss proposed solutions to the problems associated with Twin Lake Beach Park. He explained that two basic proposals were discussed at the public hearing and at the March 21, 1978 Commission meeting at which time the Commission's recommendation was developed. He pointed out that one proposal was that the park be developed as a beach with expanded parking facilities. He added that this was based on the assumption that the necessary .land for a parking lot could be acquired from the Minnesota Department of Transportation. He explained p . p ed that the second approach C discuss involved the e eliminatLOn of the physical amenities that serve as an attraction to the beach which might help alleviate the parking problems and other associated problems in the area. He reported that the Commission had felt that a parking prohibition in the immediate area would best address the problems associated with over use of this beach area, i A discussion ensued relative to the Park and Recreation Commission recommendation with Councilmember Scott stating that a parking ban on streets in the area of the beach could cause parking problems for the Beach apart - ments. Councilmember Kuefler stated that representatives from the Beach apartment had appeared at the public hearings held by the Park and Recreation Commission and had indicated that they will tow unauthorized vehicles using the Beach apartment parking lot. He noted that they were not opposed to a parking ban in the area. Councilmember Scott further inquired about the possibility of parking problems in the alleys around this area. She added that she felt the parking ban would only move cars down to the area around Dale Tile. Councilmember Fignar inquired if the City owned sufficient land in the area to provide a parking lot which could be used on a pay basis. The City Manager responded that the City does not own enough land in the vicinity to develop such a parking lot and that the possibility of using the Minnesota Department of Transportation right -of -way in that area for a parking lot was also pursued. He explained that even if this land were available there is considerable doubt that it would be enough space to provide parking for potential users. He added that the Minnesota Department of Transportation has initially aid n Y o to the q re uest to use this right of way because of the difficulties that would exist to require this land if it were used for park related purposes Councilmember Kuefler stated that the Park and Recreation Commission's position was that they did not want to expand this area as a beach but wished to leave it as a beach without the expansion of any facilities. t 4- 24-7$ -12- Mayor Nyquist inquired if the persons using the beach area are primarily Brooklyn Center residents, Administrative; Assistant Brad Hoffman responded that based on information from tags and citations issued by the police department in this area, the indication is that a lot of people utilitizing the beach are from areas other than Brooklyn Center. Councilmember Fignar inquired if the City could establish a parking permit system for Brooklyn Center residents similar to that used in other communities, The City Manager responded that parking permits would involve the use of a parking lot and that the existing parking lot could not adequately handle Brooklyn Center residents wishing to utilize the beach facilities He pointed out that there would also be a number of problems with selling parking permits to allow persons to park on a Public street in that area Action Directing the Following further discussion there was a motion by Council- Preparation of a Parking member Kuefler and seconded by Councilmember Lhotka to Ban direct the City Manager to prepare the necessary action to permit a ban on parking in the Twin Lake Beach Park area as recommended by the Park and Recreation Commission and to also review the potential problems of persons parking in alleyways in that area for the City Council's consideration. Voting in favor: Mayor Nyquist, Council members Ku.efler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Deferring Special The City Manager reported that the Director of Public Works Assessments has prepared information relating to a policy for deferring special assessments for low income senior citizens. He explained that discussion of such a policy is in conjunction with the forthcoming public hearings on various alley paving projects scheduled for May 22, 1978. .The Director of Public Works reported that Chapter 260 of Minnesota Laws of 1974 permit municipalities to defer special assessments for senior citizens. He explained that the law allows cities to establish hardship levels for deferring these special assessments He briefly reviewed a number of examples involving how other communities - have determined hardship levels and have implemented a program of deferring special assessments for senior citizens. He reported that if the City Council wishes tto proceed with such a program, a hardship level could be recommended and action taken to defer special assess- ments for seniors. He reported that special assessments would be deferred for senior citizens until death, the sale or property, or when the property no longer is homesteaded. He added that the deferment can include principal as well as interest. The Director of Public Works next reported on the impact of such a program on Brooklyn Center. He stated that it does not appear that the impact would be great because statistics indicate that a small percentage of senior citizens apply for deferment of special assessments, He also stated that based on the experience with special assessments, it can be assumed that the prepayment of special assessments would remain about the same and that these prepayments would offset the deferred special assessments for each project. -13- 4 -24 -78 A brief discussion ensued relative to the Director of Public Works report. In response to an inquiry by Councilmember Kuefler, the Director of Public Works reviewed when deferred special assessments must be paid in full. He also pointed out that the definition for a senior citizen is a person who is at least 65 years of age and is different from the definition of a senior citizen used for the City's reduced sanitation sewer schedule. He pointed out that the definition of a senior citizen for deferred special assessments is established by State law while the City uses 62 years of age for - the sanitary sewer schedule. The City Manager stated that the staff, if the Council desires, will be prepared to make specific recommendations regarding a deferred special assessment program for senior citizens and that a number of alternatives will be prepared as well. It was the consensus of the City Council that the City Manager prepare a recommendation for deferred special assessment program for low income senior citizens, The City Manager reported that it has been suggested Sanitary Sewer Rate that the City consider providing the reduced sanitary Schedule sewer rate for senior citizens in homes which have three persons in a household rather than the current policy of two in a household. The Director of Public Works reported that there have been several inquiries from senior citizens with three persons to a household regarding whether or not the City's policy could be modified to include them as well. He noted that when the sewer usage survey was conducted, that it was determined that households of one, two, and three senior citizens tended to use about •50% less water than other households. He pointed out that although these figures would indicate lesser usage, the problem of extending the subsidy to three persons per household is that the City has already exceeded the anticipated number of persons making use of the subsidy because of the exclusion of an income limit. He reported that presently 563 households have applied for the reduced sanitary sewer rate and it is estimated that approximately 25% more will also request the subsidy. He further reported that because larger numbers of persons are taking advantage of the subsidy it is anticipated that the City will have to raise the rates of non- subsidized households by 50� per quarter rather than the projected 25� per quarter. He added that by making this subsidy available to a three per household situation would potentially allow approxi- mately 900 accounts to take advantage of the subsidy , which would mean that nonsubsidized customers' rates would have to be increased by 75� per quarter. He stated that by increasing the subsidy to three per household would have a greater impact on the rest of the community. Councilmember Lhotka inquired as to why an income factor could not be utilized with the sanitary sewer rate subsidy when such a criteria is used for deferring special assessments for senior citizens. The Director of Public Works responded that the deferred special assessment program for low income senior citizens was an act of the State Legislature and they have authorized municipalities to determine a hardship and apply the 4 -24 -7 8 __ _ - -14- deferment accordingly-, He pointed out that the City could do this with respect to sanitary sewer rates if it were so authorized by the State Legislature He added that presently . rates are based on the amount of usage and that statistics Indicate that senior citizens, no matter what their income, tend to use sewer facilities less often and thus the reason for the senior citizen subsidy. Mayor Nyquist commented that in the case of deferring special assessments for low income senior citizens, it is only a deferment and that eventually these special assess- ments will be paid. He pointed out that on the other hand, the subsidy for the sanitary sewer charge is just that, a subsidy, and the costs for the use of the sewer are never recovered but are passed on to other consumers. The Director of Public Works reported that a voluntary income survey has been conducted of the senior citizens applying for the subsidized sanitary sewer rate. He explained that the survey indicates that approximately 19% of all senior citizens applying for the subsidized sewer rate have an income of less than $5,000; that 41% have an income of less than $7,500; that 54% have an income less than $10,000 and that approximately 62% have an income of less than $15,000. Councilmember Kuefler commented that the basis for the subsidized sanitary sewer rate for senior citizens was that of use. He pointed out that if there is a change to allow households with three persons to take advantage of the reduced sewer rate, the program could be further monitored and a better justification could be developed to see if indeed these persons deserve a reduced sanitary sewer rate, The Director of Public Works pointed out that statistics indicate that roughly 5,000 gallons of water per j person per quarter are used by senior citizens and that this would total approximately 15, 000 gallons per quarter for a senior citizen household of three. He pointed out that this is not a great difference between the total amount of water used for the normal nonsenior citizen household in the City. The City Council took no action to modify its current policy regarding sanitary sewer rates for senior } citizens. Joint Brooklyn Center/ The City Manager reported that the possibility of a joint Brooklyn Park Council Brooklyn Center /Brooklyn Park Council meeting has been meeting discussed. Mayor Nyquist stated that he has contacted the Mayor of Brooklyn Park and that they feel 'a joint City Council meeting to comment on and discuss many common problems could have a positive effect on the relations of the two communities. He added that if the Council feels such a meeting, or series of meetings, would be beneficial the City Managers of the two cities could arrange the details. The City Manager reported that he has requested department heads to develop a list of topics or concerns they might have which are of common interest with the City of Brooklyn Park. He added that he plans to meet with the Brooklyn, Park City Manager to discuss these common concerns such as the joint airport zoning board, the Land Planning Act and the Great River Road Corridor. Councilmember Kuef ter spoke in favor of such a meeting but added that he would prefer that a prepared agenda be established which would outline definite areas for the two City Councils to discuss. -15- 4 -24 -78 Following further discussion there was a motion by Council- Action Authorizing member Scott and seconded by Councilmember Lhotka to Participation in Joint direct the City Manager to proceed to establish a joint City Council Meeting City Council meeting with the City of Brooklyn Park to discuss common areas of concern, Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously, The City Manager reported that he has received a BCIP Delinquent letter from Al Beisner, Vice President /Director of Taxes and .Special Development, for the Earle Brown Farm Commercial Assessments and Industrial Park. He explained that the letter is in regards to the delinquent taxes and special assessments in the Industrial Park and BCIP's plans to clear up this situation as soon as possible. He further reported that the letter indicates that BLIP, through the sale of existing land, will be in a position to pay the delinquent taxes and special assessments within 12 to 14 months, A discussion ensued relative to the City Manager's report and the letter from BCIP. In response to an inquiry, the City Manager stated that in addition to the transactions listed in the letter relating to specific delinquent taxes and special assessments on particular parcels, BCIP is aware that there will be a large land taking by the Highway Department within the next five to ten months. He pointed out that the proceeds from this land taking` could be in excess of the total amount of delinquent taxes and special assessments owed by the Industrial Park and it is his understanding that the profits from this land taking will be used to pay off any and all delinquent taxes and special assessments. He pointed out that he intends to respond to Mr. Beisner's letter by clarifying this point, The City Manager reported that the City Clerk has Voting Machines informed him that the City of St, Louis Park is selling 10 voting machines He stated that it is anticipated that there will be a request to purchase a number of voting machines in the 1979 budget for the presidential election year. He stated that the voting machines available from the City of St. Louis Park are comparable to the machines utilized by the City of Brooklyn Center, He further reported that the machines that are available could be purchase at a considerable cost savings to the City and that he would recommend that these machines be purchased this year. Following a brief discussion there was a motion by Council- Action Directing the member Scott and seconded by Councilmember Kuefler to Preparation of a direct the City Manager to prepare a resolution authorizing Resolution the purchase of 10 voting machines from the City of St, Louis Park. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none, The motion passed unanimously. The City Manager, referring to a list of licenses recom- Licenses mended for approval, noted that the rental dwelling license for the Brookdale Ten apartments is only an extension at this time through August of this year rather than a two year renewal. He reported that there has been - sub- stantial progress in the maintenance situation at this apartment complex and that the extension is recommended 4- 24 -7t3 w1�� so that a number of other deficiencies can be corrected prior to the full renewal of the license. Following a brief discussion there was a motion by Council- member Scott and seconded by Councilmember Kuefler to approve the following list of licenses: FOOD ESTABLISHMENT LICENSE Bridgeman Creameries 1272 Brookdale Center GASOLINE SERVICE STATION LICENSE Federal Lumber 4810 North Lilac Drive ITINERANT FOOD ESTABLISHMENT LICENSE Cheryl Asplund 673 6 Aldrich Ave. No. Independent Repub. (garage sale) Community Center MECHANICAL SYSTEM'S LICENSE Commercial Air Conditioning, Inc. 2200 Niagara Lane Egan & Sons Co. 7100 Medicine Lake Rd Ideal Heating & Air Conditioning, Inc. 3116 Fremont Ave. No. Loop- Belden Porter Co. 315 Royalston Ave. No P. & H. Services Co. 208 73rd Ave. No. Thomas Air Conditioning Co. 815 14th Ave . S.E. MOTOR VEHICLE DEALERSHIP LICENSE K -Mart 5930 Earle Brown Drive J. C. Penney Co., Inc. 1265 Brookdale Center NONPERISHABLE VENDING MACHINE LICENSE Duke's Standard Service 6501 Humboldt Ave. No Duke's Standard Service 6600 Lyndale Ave. No. PERISHABLE VENDING MACHINE LICENSE Duke's Standard Service 6501 Humboldt Ave. No Duke's Standard Service 6600 Lyndale Ave. No. RENTAL DWELLING LICENSE Initial: Robert Miggins, William Koski and James Just 6451 Brooklyn Blvd. Marvin C. Breiland 7229 Camden Ave. No. Thomas B. Egan 5239,41 Drew Ave. No: Charlotte LoBitz & Frieda Paro 5245,47 Drew Ave. No. Donald Ogilvie 6742,44 France Ave. Nc Loren A. Pfingsten 6706 Grimes Ave. No. Roland Scherber 4714 Lakeview Ave. No Edward C. Sass 5103 Xerxes Ave. No Walter & Rebecca Kocemba 2401,03 54th Ave. No. Jospeh J. Kennedy 509 61st Ave. No. Robert C. Johnson 905 61st Ave No. Renewal: Bennie Rozman Brookdale Ten Apts. Mrs. Vince for Mrs. Dolores Riegel 7239 Brooklyn Blvd. -17- 4 -24 -78 SIGN IJANGER'S LICENSE Gold Medal Beverage Co. P.O.Box 3466 LeRoy Signs, Inc. 6325 Welcome Ave. No. Nordquist Sign Co. , Inc. 312 W. Lake St. Midway Sign Co., Inc. 444 N. Prior Ave. Suburban Lighting, Inc. 6077 Lake Elmo Ave. No. SWIMMING POOL LICENSE Four Court Apartments 2936 Northway Drive Northbrook Apartments 1302 69th Ave. No. North Lyn Apartments 6511 Humboldt Ave. No. Spa Petite 5615 Xerxes Ave. No. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. Councilmember Lhotka stated that he has been contacted Request to Meet with by a Mr. Mike Freeman who is running for Congress in the City Council this area. He explained that Mr. Freeman would like the opportunity to meet with members of the City Council and the City Manager at a breakfast meeting to discuss problems cities in the area are experiencing. He inquired if the City Council would be in favor of such a meeting, Councilmember Fignar stated that he would be more inclined to meet with Mr. Freeman if a number of other communities were also getting together with him to discuss these types of problems. He pointed out that if the Council meets with Mr. Freeman as a group, it should also meet with any other candidates seeking the same elective office, Mayor Nyquist stated that he felt members of the Council should. meet individually with Mr. Freeman if they wished to rattier than to have the Council meet as a group. Following further discussion it was the consensus of the City Council that Councilmember Lhokta respond to Mr. Freeman's inquiry by stating that the Council does not prefer to meet as a group with Mr. Freeman but that he could contact members of the Council individually for such information as he might need. Motion by Councilmember Fignar and seconded by Adjournment Councilmember Lhotka to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fianar, Lhotka, and Scotto Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:48 p.m. Clerk yor i 4-- 24=78 -18-